Krishnamoorthi v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Krishnamoorthi ..Petitioner Vs The State Rep By, The Inspector of Police Anupparpalayam Police Station, Tirupur City District.

Crime No.38 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Spl.S.C.No.90/2026 on the file of the Court of Fast Track Mahila Court, Tiruppur.

For Petitioner:

Mr.M.Vijay For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the alleged offence under Section 9(f), 9(l), r/w 10 and 7 r/w 8 of POCSO Act altered into 9(f), 9(l), 9(o) and 10 of the POCSO Act in Spl.S.C.No.90 of 2026 on the file of the Court of Sessions, Magalir Needhi

Mandram (Fast Track Mahila Court, Tiruppur) in Crime No.38 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the son of the de facto complainant was studying in the school, where the petitioner was working as a Tamil teacher. It is alleged that the petitioner followed the victim and forcibly committed sexual assault upon the son of the de facto complainant and also committed acts of masturbation. Hence, the case.

3. The learned counsel for the petitioner submitted that only on account of conducting special class by the petitioner, this false claim came to be registered. He further submitted submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Government counsel (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted the statement recorded under 183 of BNSS before this Court. Hence, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and

perused the materials available on record.

6. Considering the facts and circumstances of the case; taking note of the submission made by the learned Government counsel (Criminal Side), it is seen that in the 183 statement, there are certain allegations against the petitioner about the bad touch of this petitioner who is none other than the teacher of the victim. Though there are allegations against him, now that the petitioner has been incarcerated since 23.01.2026. Admittedly, investigation has been completed and charge sheet has been filed and taken on file as Spl.S.C.No.90 of 2026 on the file of the Court of Sessions, Magalir Needhi Mandram (Fast Track Mahila Court, Tiruppur). Taking into consideration of the completion of investigation and the long incarceration of the petitioner, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the Court of Sessions, Magalir Needhi Mandram (Fast Track Mahila Court) Tiruppur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of

Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall stay at Sivagangai District and report before the Inspector of Police, Singampunari Police Station, Sivagangai District everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12-06-2026 SHL Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

C.KUMARAPPAN J.

SHL To:

1. The Court of Sessions, Magalir Needhi Mandram (Fast Track Mahila Court) Tiruppur

2. The Superintendent Central Prison, Coimbatore

3. The Inspector of Police Anupparpalayam Police Station, Tirupur City District.

4. The Public Prosecutor High Court of Madras 12-06-2026